KHUB RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) This writ petition raises the question as to whether an appointment to the post of lamberdar (Village Officer) based on hereditary preference, is sustainable under Article 16 of the Constitution ?

(2.) Tie post of lamberdar of village Kothi Kharagad tehsil Banjar fell vacant on the death of lamberdar Jaishi Ram. The Tehsildar invited applications for appointment of a lamberdar for the village. Seven persons including the petitioner and respondents Nos. 4 and 5 applied for appointment to the post. The petitioner had worked as SARB&AH LAMBERDAR of the village for over 19 years and was holding 8.11 bighas of land. The fourth respondent was a minor aged 11 years and was the son of Late Jaishi Ram, Lamberdar. He was holding 23.14 bighas of. land. The Tehsildar forwarded all the applications to the Collector, Kullu with his recommendation for the appointment of the fourth respondent as lamberdar for the reason that he is the son of the late lamberdar Jaishi Ram. The third respondent, the Collector passed Annexure P -l order appointing the fourth respondent as Lamberdar. The operative part of Annexure P -l order of the Collector reads! "Sb. Ashwani Kumar is son of the deceased Lamberdar. He has been recommended by the Tehsildar Banjar. I am therefore of the opinion that Shri Ashwani Kumar deserves consideration and accordingly appoint him a lamberdar Kothi Kharagad in place of his deceased father. The Tehsildar Banjar is directed to recommend the name of a suitable person to work as Sarbrah Lamberdar till Shri Ashwani Kumar attains the age of the majority."

(5.) There is no dispute that the lamberdar is a Village -Officer within the meaning of that expression in section 4 (21) of the H. Pr Land Revenue Act. There cannot be any doubt that the lamberdar helds a civil post under the State. The principal function of the lamberdar is the Collection of Land Revenue on behalf of the State and his remuneration is paid out of the State funds. The lamberdar is appointed by the Collector and he is also under his disciplinary jurisdiction.